Rafaen v Itosi [1964] TTLawRp 11; 2 TTR 553 (25 February 1964)

2 TTR 553

TRIAL DIVISION OF THE HIGH COURT

TRUK DISTRICT

Civil Action No. 308

RAFAEN

Plaintiff

v.

ITOSI and RINA

Defendants

February 25, 1964

Action in which plaintiff claims title to land on Fefan Island against claim that land was purchased by defendants' predecessors in interest. Plaintiff's representative had previously brought action in Fefan Community Court concerning same basic dispute and was awarded damages against defendants in present suit. The Trial Division of the High Court, Associate Justice Paul F. Kinnare, held that plaintiff cannot recover both land and money, and that community court action represented election of remedies, regardless of fact plaintiff has failed to enforce his former money judgment.

Action dismissed.

1. Civil Procedure-Election of Remedies

Party who disputes another's right to certain land is not entitled to both land and money, and must elect one or the other remedy.

2. Civil Procedure-Election of Remedies

When party who disputes another's rights in land elects to sue for money claimed due him because of sale of land, he cannot later bring action for return of the land.

3. Civil Procedure-Election of Remedies

Party is bound by election of remedies whether or not he understands nature of his remedies or necessity of electing between them.

4. Civil Procedure-Election of Remedies

Where party manifests election of remedies by bringing suit for damages in regard to land dispute instead of seeking return of land, fact that judgment for damages has not been satisfied is not material, and he cannot ignore previous judgment and bring second suit for return of land.

KINNARE, Associate Justice

OPINION

This action concerns the land Faisewan in Wininis Village, Fefan Island, Truk District. At the pre-trial conference it appeared that the basis of the dispute between the parties concerned a disputed sale of the property involved made in late Japanese times-the defendant claiming title by purchase and the plaintiff contending that the purchase admittedly made by the defendants' predecessors in interest in late Japanese times involved another land, Nefit, and not the land here in dispute.

It further appeared that an action had been brought in the Community Court of Fefan Island concerning the same basic dispute. Trial of this case commenced on April 15, 1961, and judgment was entered in favor of the plaintiff against the defendants on May 24, 1961, for the sum of $100.00.